GOOD EVENING, I'M MATT AUSTIN IN FOR LAUREN ROWE. THIS IS LOCAL 6 NEWS AT 7:00. WE START WITH A STORY THAT HAS OUTRAGED MANY OF YOU. LAST WEEK, A WOMAN TOLD POLICE THIS MAN RIGHT HERE TOOK PICTURES UP HER SKIRT WHILE SHE WAS JUST OUT SHOPPING AT PUBLIX. SINCE THEN, YOU'VE ASKED, WHY HASN'T THIS GUY BEEN ARRESTED? EVAN LAMBERT IS LIVE AT THE PUBLIX IN CLERMONT. I UNDERSTAND PROSECUTORS ARE ASKING POLICE FOR SOME MORE EVIDENCE HERE. YES. AND OUR LEGAL ANALYST SAYS SINCE THE MAN KNEW THAT THE VICTIM CAUGHT HIM IN THIS PUBLIX PARKING LOT, HE MAY HAVE ALREADY DESTROYED, DELETED THE PICTURES ON HIS CAMERA. THAT'S WHY HE SAYS THIS CASE IS GOING TO BE TOUGH TO PROVE, IF THERE IS AN ARREST AT ALL. IT'S DISTURBING. MORE THAN A WEEK AFTER POLICE SAY THIS MAN USED A SHOE CAMERA TO PEER UP A WOMAN'S DRESS AT THIS CLERMONT PUBLIX, HE'S STILL ON THE LOOSE AND IT HAS WOMEN WHO SHOP AT THE GROCERY STORE REGULARLY SCARED TO GO INSIDE. IT'S SCARY. YOU KNOW, THAT THEY KNOW WHO HE IS AND HE HASN'T BEEN CHARGED WITH ANYTHING YET. IN TEXT MESSAGES TODAY, THE VICTIM TOLD ME SHE'S DISTURBED THERE HASN'T BEEN AN ARREST. SHE SHOCKED THE PICTURE HER FRIEND OF HIS FACE AND LICENSE PLATE AND SURVEILLANCE VIDEO INSIDE THE PUBLIX WASN'T ENOUGH TO GET HIM IN HANDCUFFS. CLERMONT POLICE HANDED THEIR EVIDENCE OVER TO THE STATE ATTORNEY'S OFFICE WHO WANTS MORE INFORMATION BEFORE DECIDING TO CHARGE HIM OR NOT. THE BIG PROBLEM FOR THE STATE, A CAMERA LIKE THIS INSIDE THE STORE ONLY CAPTURED THE MAN AFTER THE ALLEGED ACT. HE SAYS WITHOUT VIDEO OF HIM IN THE ACT OR WITHOUT VIDEO FROM HIS CAMERA, IT'S GOING TO BE A TOUGH CASE. MOST DEFENSE ATTORNEYS ARE GOING TO TELL YOU THEY'LL NEVER MEET THE BURDEN. THE STATE WILL NEVER MEET THE BURDEN OF BEYOND A REASONABLE DOUBT. AND LOUIS CALDERON SAYS BECAUSE THE VICTIM'S FRIEND SNAPPED A PHOTO OF THE MAN AND FOLLOWED HIM OUTSIDE THE STORE, IT'S LIKELY THE SUSPECT DESTROYED ANY EVIDENCE ON THE CAMERA, MAKING PROSECUTION TOUGH AND FOR THE VICTIM, THE IDEA HE MAY NEVER BE ARRESTED, IS EVEN TOUGHER. BACK OUT HERE LIVE, OUR LEGAL ANALYSIS SAID IT'S LIKELY POLICE HAVE BEEN LOOKING AT THE VIDEO AT THE PUBLIX, BETTER PROOF, WHICH IS WHAT THE STATE ATTORNEY'S OFFICE WILL WANT. BACK TO YOU. WHY HAVEN'T POLICE RELEASED THE SUSPECT'S NAME IN THIS CASE? THEY SAY BECAUSE THEY HAVEN'T GOTTEN A WARRANT FOR HIS ARREST,

CLERMONT, Fla. -

Local 6 Legal Analyst Luis Calderon said the State Attorney's Office may never have enough evidence to arrest the man they say used a shoe camera to take pictures up a woman's dress on Super Bowl Sunday at a Publix in Clermont.

Calderon points to the fact that the state has requested more information before making a charging decision. He said the longer police wait to make an arrest, the more likely it is that evidence, if any, has been destroyed.

Even if police are able to make an arrest, he said the case would be tough to prove.

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"Without the images, and only relying on the testimony, I think most defense attorneys would tell you that the state will never meet the burden of beyond a reasonable doubt," said Calderon.

Meanwhile, the victim, who did not want her name used, told Local 6 she's disturbed it's been more than a week and police haven't made an arrest. She said she's shocked police have not arrested him in handcuffs since they have surveillance video that places the unnamed suspect in the Publix right after the alleged crime, and a photo of the man's license plate.

Female shoppers told Local 6 Monday with the alleged voyeur still out there, some are scared to go inside the store.

"It's scary that they know who he is and they haven't charged him with anything yet," said Dawn, a shopper.

Police said they hope to turn over more information to the State Attorney's Office within the next few days, which may help with a charging decision.

Clermont police said they've identified the suspect, but they have not released his name, since they don't have a warrant for his arrest.

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